What to do if our car was damaged in an accident and the insurer paid for the repairs as per the policy, however after geting it back the engine blew up?

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What to do if our car was damaged in an accident and the insurer paid for the repairs as per the policy, however after geting it back the engine blew up?

We took the car to the same repair shop and contacted the insurance. After investigations, the insurance company claims that the thermostat on the engine got cracked during the initial autobody repairs (which also included some work on the radiator). Hence the insurance is not willing to spend more money on replacing the engine and are sayitng that we should get the autobody shop to take responsibility for it and pay for it. What can I do? i don’t want to spend money on taking the autobody shop to small claims court. Isn’t the insurance company supposed to resolve this matter?

Asked on October 31, 2012 under Accident Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You tell the insurance company that if it refuses to aid in the coverage of this negligence and sue the autobody shop itself, then it has failed to properly cover you in good faith. Bad faith insurance coverage is not appropriate and illegal. Document everything in writing and file a complaint with the insurance department in your state. You should find this resolved pretty quickly.


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